Pardeep Kaur v. Gurminder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 Date of Decision: 25.09.2025 PARDEEP KAUR ....Applicant

Versus

GURMINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. A.S. Kang, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-4052-CII-2025 Keeping in view the averments made in the application, same is allowed.

Main case As per the observations made in the previous order, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/1985/2023, titled 'Gurminder Singh Vs. Pardeep Kaur', filed by the respondent-husband, pending in the Family Court, Jalandhar and she seeks

transfer of the same to the Court of competent jurisdiction at Moga. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 17.02.2017, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She had filed a complaint under the Protection of Women from Domestic Violence Act i.e. COMA/101/2019, which is pending in the Courts at Moga and the respondent is making appearance in the same. Besides the same, another complaint i.e. COMI/73/2020, has been filed by the applicant, which is also pending in the Courts at Moga and the respondent is pursuing the same as well. Earlier, there was a civil suit i.e.

CS/2253/2021, filed by the respondent, which was pending at Jalandhar, but however, by virtue of filing of transfer application i.e. TA-249-2022, vide order dated 13.07.2022, the same was transferred to Moga. However, during the pendency of the present transfer application, the said civil suit has since been decided. The distance between the two places is stated to be 85 kilometres.

Considering the aforesaid mitigating circumstances and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/1985/2023, titled 'Gurminder Singh Vs. Pardeep Kaur', filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, to the District and Sessions Judge, Moga.

Learned District and Sessions Judge, Moga, shall assign the said petition to the Family Court, Moga. Even, the parties are directed to appear before the Family Court, Moga, within a period of one month from today onwards.

(ARCHANA PURI) 25.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No